Map: Is Adultery Illegal?

 

Monday’s report that Herman Cain recently ended a 13-year affair with a Georgia woman is, according to the experts, bad news for his crumbling presidential campaign. Iowa talk radio host Steve Deace, a barometer of conservative wisdom in the state, called the former National Restaurant Association lobbyist “toast.” Mike Huckabee told Fox News’ Greta Van Susteren that the news would likely steer Republican voters to a candidate “with less trouble, with less controversy”—such as Newt Gingrich. Herman Cain is reportedly so concerned about the report that he is “reassessing” whether Herman Cain will stay in the race.

But there’s one question about Cain’s alleged conduct that conservative commentators aren’t asking: Is it against the law?

According to title 16, chapter 9, section 9 of the Georgia code of criminal conduct, “A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.” At least Georgia adulterers are in good company; adultery is a criminal offense in 23 states, with punishments ranging from a $10 fine in Maryland to life imprisonment in Michigan (at least according to one judge). It’s also prohibited by the Uniform Code of Military Justice. Here’s a state-by-state guide, courtesy of my colleague Tasneem Raja:

State-level adultery provisions are rarely if ever enforced, but they’re on the books for a reason; in many cases, they’ve stayed in existence due to the efforts of social-conservative activist groups and legislators. That includes folks like former Pennsylvania senator and current presidential candidate Rick Santorum. Santorum has said Americans don’t have a constitutional right to sexual freedom and, taking it step further, singled out adultery, polygamy, bestiality, and homosexuality as immoral acts that should be regulated by the federal government. In 2009, when Minnesota lawmakers sought to repeal the state’s prohibition on adultery (which, among other things, punished women more severely than men), the conservative Minnesota Family Council fought back, calling for the laws to be strengthened. (The MFC once counted Rep. Michele Bachmann as one of its education experts, and both Bachmann and Gingrich have raised money for the organization.)

In his 2010 book Fed Up!, Rick Perry takes the Supreme Court to task for its decision in Lawrence v. Texas, which struck down his state’s prohibition on homosexual conduct. (Gingrich has likewise criticized the decision.) Although it focused on gay sex, that case explored some of the same ideas behind adultery laws—the freedom of the state to prosecute consensual sexual conduct. Sen. Jim DeMint (R-S.C.), an influential social-conservative leader who hosted a candidate forum earlier this year, has argued that public schools should prohibit unmarried single mothers from teaching classes so that they don’t impress upon students their sinful lifestyle.

Maybe Cain has been telling the truth this whole time and the events of the last four weeks have really just been an elaborate conspiracy by a bipartisan coalition of five women who don’t even know each other to bring down his campaign. But the larger issue remains: Conservative lawmakers have spent years working to ensure that the state formally smiles upon some living arrangements and frowns upon others, for no reason other than to prove a point. It’s not insignificant, and it’s worth holding them to it.

 

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate